United States First Circuit

Conviction and sentencing for furnishing false information to the Commissioner of Social Security are affirmed over claims of error that: 1) the district court erred in denying defendant's Fourth Amendment challenge of the search of his storage locker; 2) prosecutor's closing argument resulted in prejudicial error and entitled defendant to a new trial; 3) defendant's indictment was defective because it did not specify what false information he allegedly submitted to the Commissioner of Social Security; 4) defendant's indictment was constructively amended at trial because the district court allowed the government to introduce blank forms found in the search of the storage unit and because of the prosecutor's statements in his closing argument; 5) district court erred in denying defendant's motion for a new trial because he was not permitted to testify in his own defense; and 6) the district court erred in increasing defendant's offense level from 6 to 12 under the Sentencing Guidelines.

Appellate Information

• Decided 10/10/2008
• Published 10/10/2008

Judges

Court

• United States First Circuit

Counsel